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Fuzwayo case turns nasty messy
2 hrs ago |
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A fierce dispute has erupted among lawyers involved in a Constitutional Court challenge seeking to block the extension of President Emmerson Mnangagwa's term, with legal practitioners now locked in a bitter fight over US$450 000 in fees.
The case, filed by Matabeleland pressure group Ibhetshu LikaZulu and its leader Mbuso Fuzwayo, has been overshadowed by a financial wrangle between the instructing lawyer, Nqobani Sithole of Sithole Law Chambers, and advocate Method Ndlovu of Apex Legal Group of Advocates.
Highly placed legal sources say the dispute escalated this week after Ndlovu abruptly withdrew his legal services, citing a breakdown in trust, reputational concerns and alleged non-payment of fees.
According to sources familiar with the matter, the entire legal project carried a budget of US$450 000, which was paid by Ibhetshu LikaZulu and Fuzwayo. The funds were originally meant to be shared equally among three senior lawyers - Sithole as the instructing attorney, Ndlovu as the advocate, and another Harare-based advocate from Advocates' Chambers who later withdrew from the case.
A senior legal source said Sithole initially approached the Harare advocate to lead the matter but negotiations collapsed after the lawyer reportedly demanded US$450 000 in fees - the full budget allocated for the litigation.
"After that failed, Sithole then approached Ndlovu and offered him US$150 000," the source said. "However, when the funds became available for collection, Ndlovu took US$225 000 - which was US$75 000 more than the agreed amount - leaving Sithole with the remainder after the preferred advocate had withdrawn."
The source said tensions escalated after Ndlovu allegedly demanded a larger share, claiming entitlement to the entire US$450 000 budget.
"This is the real source of the current fight," the insider said. "Trust broke down because of money, and other issues have flowed from that, including the recently leaked audio involving former Cabinet minister Jonathan Moyo."
According to insiders, Ndlovu believes taking the politically sensitive case carried reputational risks but was prepared to proceed if adequately compensated.
"Resultantly, Ndlovu received US$225 000 but now wants more," the source said. "This has fuelled already simmering tensions and created an explosive legal wrangle."
The dispute threatens to open a Pandora's box of legal and political complications, given the case's direct connection to the controversial constitutional amendments that critics say could extend Mnangagwa's time in power and reshape Zimbabwe's political and governance framework.
Sources say Sithole has also protested against the manner in which Ndlovu withdrew from the case. According to insiders, the two lawyers had held a confidential discussion and agreed on a professional disengagement process that would begin with Sithole formally writing to Ndlovu before receiving a response.
However, Ndlovu reportedly pre-empted the process by issuing his own withdrawal letter and leaking it to the media before Sithole had received or acknowledged it.
Sithole is said to have taken strong exception to both the timing and the contents of the letter, particularly Ndlovu's claim that he had not been paid.
The escalating dispute has also drawn in another lawyer, Zibusiso Ncube, who reportedly acted as a key liaison during the case and was involved in a phone call with Moyo that was later leaked to the media.
Sources say tensions boiled over after Sithole attempted to remove Ndlovu from the case following the controversy surrounding the leaked audio involving Moyo.
In his withdrawal letter, Ndlovu allegedly described Moyo as the "principal architect of the litigation," a claim that sources say Moyo strongly disputes.
Insiders say Moyo has taken issue with both Sithole and Ndlovu and may publicly denounce the pair. He has already criticised Ncube and Ndlovu over the leaked recording, adding a new political dimension to the already contentious legal battle.
With the case tied to the broader national debate over constitutional amendments and presidential term limits, the fallout from the lawyers' dispute could have significant legal and political implications in Zimbabwe.
The case, filed by Matabeleland pressure group Ibhetshu LikaZulu and its leader Mbuso Fuzwayo, has been overshadowed by a financial wrangle between the instructing lawyer, Nqobani Sithole of Sithole Law Chambers, and advocate Method Ndlovu of Apex Legal Group of Advocates.
Highly placed legal sources say the dispute escalated this week after Ndlovu abruptly withdrew his legal services, citing a breakdown in trust, reputational concerns and alleged non-payment of fees.
According to sources familiar with the matter, the entire legal project carried a budget of US$450 000, which was paid by Ibhetshu LikaZulu and Fuzwayo. The funds were originally meant to be shared equally among three senior lawyers - Sithole as the instructing attorney, Ndlovu as the advocate, and another Harare-based advocate from Advocates' Chambers who later withdrew from the case.
A senior legal source said Sithole initially approached the Harare advocate to lead the matter but negotiations collapsed after the lawyer reportedly demanded US$450 000 in fees - the full budget allocated for the litigation.
"After that failed, Sithole then approached Ndlovu and offered him US$150 000," the source said. "However, when the funds became available for collection, Ndlovu took US$225 000 - which was US$75 000 more than the agreed amount - leaving Sithole with the remainder after the preferred advocate had withdrawn."
The source said tensions escalated after Ndlovu allegedly demanded a larger share, claiming entitlement to the entire US$450 000 budget.
"This is the real source of the current fight," the insider said. "Trust broke down because of money, and other issues have flowed from that, including the recently leaked audio involving former Cabinet minister Jonathan Moyo."
According to insiders, Ndlovu believes taking the politically sensitive case carried reputational risks but was prepared to proceed if adequately compensated.
The dispute threatens to open a Pandora's box of legal and political complications, given the case's direct connection to the controversial constitutional amendments that critics say could extend Mnangagwa's time in power and reshape Zimbabwe's political and governance framework.
Sources say Sithole has also protested against the manner in which Ndlovu withdrew from the case. According to insiders, the two lawyers had held a confidential discussion and agreed on a professional disengagement process that would begin with Sithole formally writing to Ndlovu before receiving a response.
However, Ndlovu reportedly pre-empted the process by issuing his own withdrawal letter and leaking it to the media before Sithole had received or acknowledged it.
Sithole is said to have taken strong exception to both the timing and the contents of the letter, particularly Ndlovu's claim that he had not been paid.
The escalating dispute has also drawn in another lawyer, Zibusiso Ncube, who reportedly acted as a key liaison during the case and was involved in a phone call with Moyo that was later leaked to the media.
Sources say tensions boiled over after Sithole attempted to remove Ndlovu from the case following the controversy surrounding the leaked audio involving Moyo.
In his withdrawal letter, Ndlovu allegedly described Moyo as the "principal architect of the litigation," a claim that sources say Moyo strongly disputes.
Insiders say Moyo has taken issue with both Sithole and Ndlovu and may publicly denounce the pair. He has already criticised Ncube and Ndlovu over the leaked recording, adding a new political dimension to the already contentious legal battle.
With the case tied to the broader national debate over constitutional amendments and presidential term limits, the fallout from the lawyers' dispute could have significant legal and political implications in Zimbabwe.
Source - online
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